Land at Brock, Garstang Road (A6), Bilsborrow

appeal 6007133·Wyre·25 September 2026dismissed
Decision
dismissed, 25 September 2026
Decided by
Planning Inspector: L N Hughes
Authority
Wyre (North West)
Appeal reference
6007133
Application reference
22/00612/OUTMAJ
Procedure
hearing
Development
Outline (access, layout and scale) for commercial units in Class E(g)(ii)/(iii) and/or B8 on a 2.44 ha field, with A6 access
Site context
settlement edge, open countryside, TPO
Green Belt
No
Framework applied
August 2026 NPPF
Determinative policies
DP3(1), DP3(3), S5(2), S5(1)(j)(i), E4(2)
Development plan policies
Wyre Local Plan 2011-2031 (2022 partial update) SP1, SP2, SP4, EP8, CDMP3, CDMP4
Main issues
character and appearance; suitable location and spatial strategy

Summary

Outline permission for up to 9 m commercial and storage units on a 2.44 ha field at Bilsborrow on the A6 was dismissed after a hearing. The inspector accepted, for argument's sake, the appellant's case on unmet employment need and gave the economic benefits substantial E2 weight. But the scheme would close a valued field gap and views to the Forest of Bowland. That DP3(1) conflict had no clear justification because the harm was not necessary to achieve the benefits, so S5(2) applied and S5(1)(j)(i) failed on the "well-related" limb.

Issues and findings

Planning balance

Plan-led, with the Framework as a material consideration (DL ¶56). Unmet need tempers the weight of the spatial-strategy conflict (SP1, SP2, SP4) (DL ¶55), but the character conflict with CDMP3 and DP3 is not tempered. The S5(2) trigger and the necessity test decide it: the harm is neither outweighed nor necessary (DL ¶58–60).

What made the difference

The site's role as an open break in ribbon development along the A6, with views to the National Landscape hills, and a dense layout with a continuous row of 9 m units along the frontage. Even with need accepted in full, the harm was not necessary to secure the benefits. A lower, set-back layout that kept the views, or a local-plan allocation in the A6 corridor, would have been needed.

Transferable points

Policy findings

Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.

PolicyFindingWeightNote
DP3(1)conflictdense, up to 9 m commercial frontage closes a verdant field gap and views to the Forest of Bowland; significant character harm (DL 16-25, 27)
DP3(3)failDP3(3) cited (DL 27); clear justification not found - harm not "necessary to achieve the substantial public benefits" (necessity reading) (DL 59)
S5(2)failfails a "should be refused" policy, so benefits likely substantially outweighed; location unsuitable (DL 58)
S5(1)(b)failnot shown to be development for rural businesses (DL 34)
S5(1)(j)(i)failunmet employment need assumed; site physically well-related to Bilsborrow, but "well-related" read to include how the proposal relates to surrounding character, which fails (DL 38, 40, 43)
S5(1)(j)(ii)not-engagedflexible E(g)/B8 use could be delivered with no freight and logistics, so the scheme does not wholly fall under (j)(ii); E3 compliance left open (DL 39, 41-43); letter says "S5(j)(ii)"
E4(2)conflictno specific local business need; not physically well-related or sited having regard to character, criteria (2)(a) and (b) (DL 32)
E2benefitsubstantialE2(1)(a) substantial weight; c.94 net local jobs and 6.6m GVA pa (overstated as it assumed office use); 49 construction jobs pa (DL 52-54)
E2(2)benefitunmet employment need assumed in the appellant's favour (A6 corridor vacancy 1.6%); tempers weight of SP1/SP2/SP4 conflict (DL 35-38, 55)
N6(2)passveteran oak (TPO) protected by condition; refusal reason withdrawn (DL 10-12)
TR6passaccess, traffic and parking agreed with LHA; two A6 crossings given minor weight as a benefit (DL 48, 51)
F5passsequential test passed, no exception test needed (DL 49)
Transitional(2)accordCDMP3 "not materially inconsistent" with DP3, so up to date (DL 57, fn8)
S3not-engagedS3(1)(c) quoted; no presumption overrides the conflict with CDMP3 and DP3 (DL 56-57)

Key facts

Sources

This note is one of the decisions behind the NPPF 2026 Navigator, which shows how each Framework test has been applied across all the decisions in the database. Also available as Markdown.